Interview Experience San Jose

some info

thanks for your input niladri .last yr when he was arrested after 7 days his h1 extension was approved.if he gets rfe this time it might not matter as by then he wud be on EAD.After resolving the case to disturbing peace can he get back to h1 .How can an attorney do what u said reduce it to disturbing peace.i thot the charge has to be reduced in court.Wud not being on H1 for an yr not entitle the alien for H1 extension.Any inputs?
 
A) Charges are reduced in court through the process of plea bargain, prior to a conviction. Too late now.

B) If I understand your H1B question correctly, you mean since a H1B was granted post arrest once, it should be granted again.

1. There appears to be no legal bar as the alien does not appear inadmissible/deportable. No 3 strikes as explained above. There IS a fine line here, though, where I am not clear on the law, it just occured to me: Does the inadmissibility / deporatability criteria apply equally to H1B and LPR? (ask a lawyer; an intuitive answere in not necessarily the legally correct one).

2. The argument that H1B was issued 7 days post arrest does not hold water. USCIS could not magically have known about the arrest at that time.
 
sunjr said:
My 485 is pending, stuck in name check

Was arrested and charged with "simple assault/domestic violence", plea NOT guilty, later the case was nolle prosequi and court records were expunged

Niladri: do u thing I am in trouble or should i start packing my bags?

Thanks
sunjr
Click to expand...

Although you should be fine...I believe the court expungement does nto do much good now. FBI can still get access your records...only general public (and corporations) cannot.
 
Owing to this forum here is my experience: (pleaes find and read previous posts from me for background)

I answered Yes to the arrest question (also highlighted that it was a detention not an arrest) and the CO at Mumbai US consule asked me only 1 question what happened. I answered in two sentences. It was an immaterial arrest. I called the cops thinking I would find help resolve a tense situation at home with my wife. No charges filed no court dates. She granted me visa. She further asked where is your wife now I said she is in USA. I said happy new year and she replied. Very very happy new year.

Received the 3 year visa extension very same day in my passport.
 
Do we have to be interviewed together?

I have some privacys that I don't want my spouse to know. What do I do to have the officer interview us seperately? Thanks.
 
As long as it is related to an arrest of yourself being the reason for this interview, chances are high that you will be called in alone first. You can explain at that time that your spouse is unaware of the incident... if that is what you are referring to.
 
Really? I feel much more relaxed. I hope that my spouse's I-485 will be approved first, so he won't need to be interviewed. He is the primary applicant. Is this possible? Thanks a lot, you a great great guy!
 
Interview scheduled

Niladri and All,

My interview(Along with my wife) has been scheduled in 3rd week of July in San Jose local office.The cause of interview is that I had a (first)dui 6 years back. My BAC level was .16. I plead no contest. Judge gave a 1200$ fine, 2 days's sherrif's work program(equivalent to jail),3 years court probation and was asked to complete a 3 months DUI related program.
Other than the standard stuff(EVL,W2s,Tax returns, Birth certificates, SSNs, H1Bs/H4s, APs, EADs etc.. photos, bills etc).. I have collected the following stuff related to my arrest record -
1) Certified copy of Court Case disposition
2) Proof that I completed DUI counselling program.. that 3 month course.. mandated by court..
3) Arrest report(Summary), the police department game me a single pages report information summary which just indicates that I was arrested for such and such offence on this date that this location. Signature, date and thats it. It is not a detailed report as some people on the forum got. Police department says, they dont give it because case is alread finished. DA's office say they dont have any police report as they shred everyting withing 2 years of a misdemeanor.
4) Certified copy of charges filed.
5) Receipt of fine paid.

Some more questions -
1) Since my offense was within 5 years of my I-485 application, is it likely to cause an issue? It will 6 years hwoever when I will be attending interview from the DUI date.
2) Anything else do I need? Should I have an attorney with me? Any suggestion of attorneys and how much they charge. I see on this forum that Larry Pascal has been suggested by Niladri. How much he charges?
3) I have no proof that I completed 2 days Sheriff's work program(Alternative recommended by judge). I completed it as required. Court Clerk says they dont give that and they get a notification only when someone does not do it. Interview letter suggests that I get proof that I completed all sentences imposed. Any suggestions here?

Thank you all. Special thanks to Niladri for this wonderful thread.
 
Need Help

We had interview in San Jose in Jan 2005, And we didnt get approval as on december 31st 2004 Retrogation happen. Its been over month where visa number is now available ( my pd is Aug 2002) Still i have not recd anything. My status still shows our case transfer to San Jose in November.

I have been to San Jose office twice but no update yet. Called 1800 number but no answer from them .

Dont know what is going to happen ....:mad:

Hope we recd approval or something on our case looks like our case is dead. All of the other got approval who has same pd as mine....

Thanks
 
Contact your congressman

JR1,

Looks like your local congressman or senator is your only home. If they want to help, they will call the local office and inquire about it. The Immigration Official always responds to Congressman/woman inquires. What it will do for you is that, some Immigration Official will have to look at your case and reply and during that process, he/she may approve it as everything is done for you already. Do if before the next retrogression hits and its likely to hit anytime soon. After that even a congressman may not be able to help you.

I have an interview in July. There are rumors flying around that retrogression may start early next week. I hope those are not true otherwise I will meet the same fate as yours.. waiting .. waiting and waiting..

But you need to act quick and act now. run to your congressman ASAP.
 
JR1 said:
We had interview in San Jose in Jan 2005, And we didnt get approval as on december 31st 2004 Retrogation happen. Its been over month where visa number is now available ( my pd is Aug 2002) Still i have not recd anything. My status still shows our case transfer to San Jose in November.

I have been to San Jose office twice but no update yet. Called 1800 number but no answer from them .

Dont know what is going to happen ....:mad:

Hope we recd approval or something on our case looks like our case is dead. All of the other got approval who has same pd as mine....

Thanks
Click to expand...

I would create a service request using the 1800 number and also visit the local office asap (again) and see if they have more information on your case. Ofcourse draft a letter/fax to your local senator today itself.
 
DC_metro or any one else please

I have arrest record (domestic violence, with nolle prosqui), got green card two months ago without any interview (lucky me), my question is related to port of entry, I am planning for a short trip related to conference outside US

What kind of documents do I have to take with me so that I can show to IO at POE (same which I have submitted for green card?)

Do they normally ask any questions related to arrest at POE?


Thanks

Sunjr
 
sunjr said:
DC_metro or any one else please

I have arrest record (domestic violence, with nolle prosqui), got green card two months ago without any interview (lucky me), my question is related to port of entry, I am planning for a short trip related to conference outside US

What kind of documents do I have to take with me so that I can show to IO at POE (same which I have submitted for green card?)

Do they normally ask any questions related to arrest at POE?


Thanks

Sunjr
Click to expand...

You really need to contact a competent immigration attorney before you leave. This could be a complicated matter at the POE. I don't want to scare you but there is a law that they can deny the entry to even permanent residents if they have any criminal records.
 
get_gc04 said:
You really need to contact a competent immigration attorney before you leave. This could be a complicated matter at the POE. I don't want to scare you but there is a law that they can deny the entry to even permanent residents if they have any criminal records.
Click to expand...


get_gc04

Thanks for your reply

i don’t have any conviction, prosecutor drop the case (nolle prosqui) and got my green card after 4 years from initial domestic violence incident

I have lawyer, he say everything will be ok, I just wanted to know if any one has real time experience at POE with any arrest record

Thanks

Sunjr
 
Last edited by a moderator:
Hello Folks can you please help me with this message?

I am in the same boat. My case files are with San Jose local office too.i took info pass appointment on July 2nd 2007 and then contacted Congresswoman Eshoo.I then once again went July 17th 2007 and this time the people in first floor said they will send the my application to the supervisor and then gave this message

"Sorry for this new thread. But I need help in interpreting the information that I got when I went to Local Office.

My I485 is in Local Office and it was transferred to the San Jose office after we had our interview in Boston back in October 2005.

When I spoke with the officer (not IO) he said that quote:

" Priority Date
AvAL 7/1/07
I 485 Forward to 245 Unit "

What does this mean? Can you guys help me understand what he is trying to say. I mentioned that we are already interviewed.

Thanks in Advance

Can anyone help what this means??

Madeonemistake and JR1 : I sent you PM
 
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